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General Assembly Governor's Bill No. 7202
January Session, 2019
LCO No. 4362
Referred to Committee on TRANSPORTATION
Introduced by:
REP. ARESIMOWICZ, 30
th
Dist.
REP. RITTER M., 1
st
Dist.
SEN. LOONEY, 11
th
Dist.
SEN. DUFF, 25
th
Dist.
AN ACT CONCERNING TH E SUSTAINABILITY OF CONNECTICUT'S
TRANSPORTATION INFRA STRUCTURE.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective from passage) As used in this section and 1
sections 2 to 7, inclusive, of this act: 2
(1) "Electronic tolling system" means an electronic system for 3
recording, monitoring, collecting and paying for tolls on the highways 4
of this state, including, but not limited to, video toll transaction 5
systems, transponders or other electronic transaction or payment 6
technology or devices; 7
(2) "Department" means the Department of Transportation; and 8
(3) "Toll operator" means a private entity that operates an electronic 9
tolling system pursuant to an agreement with the department and 10 Governor's Bill No. 7202
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whose duties may include, but need not be limited to, collecting tolls, 11
administrative charges and penalties. 12
Sec. 2. (NEW) (Effective from passage) (a) The department may 13
construct, maintain and operate electronic tolling systems on Interstate 14
84, Interstate 91, Interstate 95 and portions of Connecticut Route 15. 15
The department may enter into an agreement with a toll operator to 16
operate such systems. 17
(b) To carry out its duties and responsibilities under this section and 18
sections 3 to 6, inclusive, of this act, and any regulations adopted 19
under section 7 of this act, the department may enter into tolling 20
agreements with the Federal Highway Administration and 21
coordination agreements, intergovernmental agreements or other 22
implementation agreements with any other federal, state or municipal 23
entity or agency. 24
(c) The department may procure, retain and expend funds for 25
technical, traffic, revenue and financial consultants, attorneys and 26
other consultants and experts to assist in the development, 27
implementation, maintenance and operation of electronic tolling 28
systems. 29
(d) The department may procure, retain and expend funds for toll 30
operators, vendors, suppliers, designers, engineers, software 31
designers, installers, contractors, maintenance personnel, customer 32
service personnel and other equipment, materials, personnel and 33
services for the development, implementation, maintenance and 34
operation of electronic tolling systems and for the collection and 35
enforcement of tolls. 36
(e) The department may enter into agreements for the provision of 37
any service specified in subsections (c) and (d) of this section, or any 38
combination thereof, pursuant to an open, competitive process. 39
(f) (1) The department and the Department of Motor Vehicles, either 40
jointly or separately, may enter into reciprocal agreements with other 41 Governor's Bill No. 7202
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states, jurisdictions and operators of toll facilities in other states to 42
obtain and share any toll operator information regarding an out-of-43
state registered owner of a vehicle that has used a tolled highway, 44
including the make of the motor vehicle, the motor vehicle's number 45
plate and the name and address of the registered owner of the motor 46
vehicle. 47
(2) The department and the Department of Motor Vehicles, either 48
jointly or separately, may enter into, or authorize a toll operator on 49
behalf of the departments to enter into, reciprocal agreements with 50
other states, jurisdictions and operators of toll facilities in other states 51
for the efficient collection of tolls incurred by residents of states other 52
than this state. 53
(3) The department and the Department of Emergency Services and 54
Public Protection may enter into an agreement for the provision of law 55
enforcement assistance by the state police on tolled highways that are 56
not otherwise provided by the state police on state roads and 57
highways. All law enforcement officers of the state and any political 58
subdivision of the state shall have the same powers within the limits of 59
a tolled highway as such officers have in their respective areas of 60
jurisdiction, including the roads and highways of this state. 61
Sec. 3. (NEW) (Effective from passage) (a) The department may charge, 62
collect, retain, fix and change the amount of all tolls for transit over or 63
use of the highways specified in subsection (a) of section 2 of this act. 64
(b) Toll amounts shall be fixed and changed by the department, so 65
as to provide, at a minimum, funding that is sufficient to: (1) Pay costs 66
related to tolled highways in this state, including, but not limited to, 67
the cost of owning, maintaining, repairing, reconstructing, improving, 68
rehabilitating, using, administering, controlling and operating such 69
highways; (2) pay the principal of, redemption premium, if any, and 70
interest on notes or bonds relating to tolled highways, as such 71
principal, premium or interest become due and payable; and (3) create 72
and maintain reserves established for any of the department's highway 73 Governor's Bill No. 7202
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and bridge responsibilities under titles 13a and 13b of the general 74
statutes for the operation and maintenance of tolled highways. Such 75
sufficiency of funding may take into account the availability of funds 76
from other sources. 77
(c) Prior to commencing construction of an electronic tolling system 78
on any highway, or portion thereof, of this state, the department shall 79
hold at least one public informational meeting in the general vicinity of 80
the proposed toll corridor to receive comments on the proposed toll, 81
methodology for fixing and changing the tolls and user classifications. 82
(d) The department shall place and maintain signs in advance of any 83
tolled highways to notify motor vehicle operators (1) that a toll will be 84
charged on such highway, and (2) how to pay such toll. 85
(e) All revenues received by the department from tolls and the 86
imposition of civil penalties associated with toll nonpayment, toll 87
evasion or other toll-related violations shall be deposited into the 88
Special Transportation Fund, established pursuant to section 13b-68 of 89
the general statutes and section 19 of article third of the Constitution of 90
the state, and shall not be commingled with other funds and revenues. 91
Such revenues shall be expended only for the purposes and subject to 92
the provisions of 23 USC 129(a)(3), as amended from time to time. 93
(f) Tolls shall not be subject to and shall be exempt from taxation of 94
every kind by the state and by the municipalities and all other political 95
subdivisions or special districts having taxing powers in the state. 96
Sec. 4. (NEW) (Effective from passage) Any electronic tolling system 97
operated by the department or a toll operator shall be interoperable 98
with all other electronic tolling systems in this state and shall comply 99
with all state and federal interoperability requirements and standards. 100
Such tolling system interoperability shall extend to system technology 101
and the transfer of funds. The Commissioners of Transportation and 102
Motor Vehicles, in consultation with the Commissioner of 103
Administrative Services, shall ensure the coordination and 104
compatibility of information system technology and data of any 105 Governor's Bill No. 7202
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electronic tolling system. The provisions of chapters 58 and 61 of the 106
general statutes shall not apply to this section. 107
Sec. 5. (NEW) (Effective from passage) (a) Except as provided in 108
subsection (b) of this section, neither the department nor any toll 109
operator shall sell or use any toll customer information or other data 110
for commercial purposes unrelated to the charging, collection and 111
enforcement of tolls, administrative fees and penalties. 112
(b) The department may release toll customer information and other 113
data that does not directly or indirectly identify a toll customer for 114
research purposes authorized by the department. 115
(c) (1) Except as required by applicable law or in connection with an 116
administrative or court proceeding, all information that specifically 117
identifies a toll customer and relates to a specific tolling transaction 118
shall be destroyed not later than one year after the later of the tolling 119
transaction or the collection of the toll, whether through normal 120
processes or enforcement. 121
(2) Except as required by applicable law or in connection with an 122
administrative or court proceeding, all information relating to a toll 123
customer account that specifically identifies a toll customer shall be 124
destroyed not later than one year after the collection of all tolls and 125
fees incurred by such toll customer, whether through normal 126
processes, enforcement or closing of such account. 127
(d) Toll customer information and data shall not be deemed a public 128
record, as defined in section 1-200 of the general statutes. 129
(e) Toll operators shall be subject to the provisions of chapter 62a of 130
the general statutes. 131
Sec. 6. (NEW) (Effective from passage) (a) Any person who contests 132
the amount of a toll or an associated charge shall be afforded an 133
opportunity for a hearing with the department in accordance with the 134
provisions of chapter 54 of the general statutes. 135 Governor's Bill No. 7202
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(b) The department, after notice and hearing, may impose a civil 136
penalty of not more than twenty-five dollars for a first violation, not 137
more than fifty dollars for a second violation and not more than one 138
hundred dollars for a third violation of a provision of the regulations 139
adopted pursuant to section 7 of this act on any of the following 140
persons with respect to toll nonpayment, toll evasion or related fees: 141
(1) The operator of a motor vehicle on a tolled highway; (2) the 142
registered owner of a motor vehicle operated on a tolled highway, if 143
other than the operator, if such vehicle was used or operated with the 144
express or implied permission of the registered owner at the time of 145
the tolling transaction; (3) the lessee of a motor vehicle operated on a 146
tolled highway, if other than the operator, if such vehicle was used or 147
operated with the express or implied permission of the lessee at the 148
time of the tolling transaction; and (4) the lessor of a motor vehicle 149
operated on a tolled highway. 150
(c) A copy of the motor vehicle rental agreement, lease, other 151
contract document or affidavit identifying the lessee of the motor 152
vehicle at the time of the tolling transaction shall be prima facie 153
evidence that the person named in the rental agreement, lease, other 154
contract document or affidavit was operating the motor vehicle at all 155
relevant times relating to the tolling transaction. A lessor shall 156
cooperate with the department or the toll operator, as the case may be, 157
in providing the department or toll operator any requested 158
information concerning the lessee contained in the lessor's record. 159
(d) The Department of Motor Vehicles shall provide the Department 160
of Transportation and any toll operator with the information necessary 161
to collect tolls and enforce penalties for toll nonpayment, toll evasion 162
or other toll-related violations, including, but not limited to, 163
information regarding the registered owner of a motor vehicle that was 164
operated on a tolled highway and the make of the motor vehicle, the 165
motor vehicle's license plate and the name and address of the 166
registered owner of the motor vehicle. 167
Sec. 7. (NEW) (Effective from passage) (a) The Commissioner of 168 Governor's Bill No. 7202
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Transportation shall adopt regulations, in accordance with the 169
provisions of chapter 54 of the general statutes, to implement the 170
provisions of sections 2 to 6, inclusive, of this act. Such regulations 171
may include, but need not be limited to: (1) Establishment of variable 172
toll rates that take into consideration the day of the week, level of 173
congestion or anticipated congestion; (2) establishment of different fees 174
based on the type of vehicle classification, size, weight, number of 175
axles or vehicle occupancy; (3) establishment of discounts and credits 176
to a toll customer account for persons with a transponder or similar 177
technology issued by the department or a toll operator; (4) exemptions 178
for certain types of motor vehicles, including, but not limited to, high-179
occupancy vehicles, motor vehicles leased or owned by the state, 180
motor vehicles used by a law enforcement unit, firefighter or a 181
member of an emergency medical service organization and motor 182
vehicles used to provide public transit services; (5) the imposition of 183
surcharges, premiums or additional fees for designated users or classes 184
of users of a tolled highway who travel on such highway without a 185
transponder or similar technology issued by the department or a toll 186
operator; (6) the imposition of administrative charges and penalties for 187
the late payment of tolls and toll evasion, which shall be not more than 188
twenty-five dollars for a first violation, not more than fifty dollars for a 189
second violation and not more than one hundred dollars for a third 190
violation; (7) provisions to protect and appropriately limit access to toll 191
customer information and other data collected, received, maintained, 192
archived, accessed and disclosed by the department; and (8) the 193
manner in which a transponder or similar device shall be located in or 194
on a motor vehicle entering an electronic tolling system if such system 195
uses a transponder or similar device. 196
(b) The Commissioner of Motor Vehicles, in consultation with the 197
Commissioner of Transportation, shall adopt regulations, in 198
accordance with the provisions of chapter 54 of the general statutes, to 199
implement the provisions of sections 2 to 6, inclusive, of this act. Such 200
regulations shall include restrictions on issuing a registration to the 201
owner of a motor vehicle who owes tolls for transit over or use of a 202 Governor's Bill No. 7202
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tolled highway or owes administrative charges or penalties for the late 203
payment of tolls or toll evasion. 204
This act shall take effect as follows and shall amend the following
sections:
Section 1 from passage New section
Sec. 2 from passage New section
Sec. 3 from passage New section
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 from passage New section
Sec. 7 from passage New section
Statement of Purpose:
To implement the Governor's budget recommendations.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]